{"data":{"id":"us-nd/n.d.-cent.-code-51-23-22","jurisdiction":"us-nd","citation":"N.D. Cent. Code § 51-23-22","heading":"Affirmative defense","body":"It is a defense in any complaint, information, indictment, or any writ or proceeding brought under this chapter alleging a violation of section 51-23-03 based solely on the failure in an individual case to make physical delivery within the applicable time period under subsection 5 of section 51-23-02 or subdivision b of subsection 1 of section 51-23-05 if:\n1.Failure to make physical delivery was due solely to factors beyond the control of the seller, the seller's officers, directors, partners, agents, servants, or employees, every person occupying a similar status or performing similar functions, every person who directly or indirectly controls or is controlled by the seller, or any of them, the seller's affiliates, subsidiaries, or successors; and\n2.Physical delivery was completed within a reasonable time under the applicable circumstances.","path":["Title 51 Sales And Exchanges","Chapter 51-23 Commodities Transactions"],"source_url":"https://ndlegis.gov/cencode/t51c23.pdf","current_through":"2026-07-31T11:12:02","vintage":"","retrieved_at":"2026-09-02T21:04:14Z","sha256":"fd2f710184e76435001a8ae0cecd7010e2d0f2f36713d5dbe4d3d4b93294fb0d","source_id":"us-nd","stale":true,"prev":"us-nd/n.d.-cent.-code-51-23-21","next":"us-nd/n.d.-cent.-code-51-23-23"},"notice":"GroundRules: Original legal text. Not legal advice."}